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(영문) 대구지방법원 2013.11.21 2013고단5306
병역법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant's house located in Daegu Northern-gu B on June 19, 2013, in the same year.

8. 5. A notice of enlistment in the Army Training Center located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Daegu-do, to the enlistment in the active service under the name of the director of the regional military manpower office.

Nevertheless, the defendant did not enlist in the military even three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning delivery or inquiry of registered mail;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant refused to enlist in active duty service according to a religious conscience. This assertion constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, conscientious objection according to a religious conscience may not be deemed to include justifiable cause under Article 88(1) of the same Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is without merit.

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